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Jose M. Dizon Vs. Percy M. Moir, Et Al. 036 Phil 759

JOSE M. DIZON, petitioner, vs. PERCY M. MOIR, judge of first instance of Pampanga, FLORENTINO PAMINTUAN, TOMAS GARCIA and FRANCISCO SIOPONGCO, respondents.

G.R. No. 12823 | 1917-08-11

D E C I S I O N


JOHNSON, J.:

This is an original petition presented in the Supreme Court for the writ of prohibition. The only question presented is whether or not a judge of the Court of First Instance exceeds his jurisdiction by approving a contract of rent, voluntarily entered into by the parties, of property in litigation after an appeal has been perfected.

The facts pertinent to that question may be stated as follows:

(1) That on the 19th day of December, 1914, Florentino Pamintuan commenced an action in the Court of First Instance of the Province of Pampanga against Tomas Garcia, Francisco Siopongco, Jose M. Dizon, and Esteban...